As drone service providers spring up across rural America, offering aerial application for a per-acre fee, many farmers are taking it upon themselves to purchase drones and complete the application work themselves.
And while busting farmers who apply products without the proper certifications and documentation might not be high on FAA’s enforcement radar, that doesn’t mean field inspectors aren’t going to make sure you’re operating legally.
In April, an FAA inspector visited a farmer training event and canceled a service provider’s license for a handful of paperwork and operational violations. The foremost violation cited by the inspector was flying the drone closer than 100' from a non-participating farmer. The pilot-in-charge also was unable to provide proof of FAA registration (the drone wasn’t properly marked). That service provider is now grounded, pending legal appeal.
Flying a drone for commercial purposes without the proper licensing and approvals is a felony punishable by up to three years imprisonment and some very hefty fines. Private property protections do not apply, since all airspace from the ground up is controlled (not owned) by FAA.
Luckily, the FAA recently streamlined its processes to make obtaining proper certification and the exemptions to apply product via drone easier.
1. Check Drone Approval
Before purchasing a spray drone, check the name of the manufacturer and model of drone you wish to use to ensure it is approved for FAA Part 137 operations. Also make sure the drone is FAA Remote ID compliant.
2. Register Your Drone
Once you purchase a spray drone, immediately register the drone at FAADroneZone. It costs $5 for a three-year registration, and all drones weighing over 0.55 lb. must be registered. You must legibly mark the outside of your drone with its registration number, which is the unique identification FAA issues to all aircraft upon registration, in a location that is readily visible upon inspection.
3. Obtain a Part 107 Certificate
You must be 16 years old or older, fluent in the English language, and be of sound physical and mental condition. You must also pass the initial aeronautical knowledge exam with FAA. Once you pass, you will verify your identity with FAA and submit to a background check. Print out your Part 107 certificate and keep it on you anytime you fly.
4. Get a Part 137 Exemption
FFA offers a new exemption, called Gen 3, for 55 lb. and heavier drones allowing for no visual observer, day or night flying, and the swarming of one to three drones at a time.
5. Agricultural Operator Certificate
Once you are approved and receive a Part 137 exemption, now you must file for an Agricultural Aircraft Operator Certificate by filling out FAA Form 8710-3 and emailing it to UAS137Certificates@FAA.gov.
Essentials for Operating a Spray Drone Legally
- Valid Part 107 License: Required for commercial drone operation.
- Part 137 Exemption: Necessary for agricultural spraying.
- ATO-Issued Certificate of Waiver or Authorization (COA): Issued with your Part 137 exemption.
- Agricultural Aircraft Operator Certificate: Complete FAA Form 8710-3.
To learn more about drone spraying exemptions, visit this online guide published by well-known drone attorney and private pilot Johnathan Rupprecht.
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